Reclaim Unfair Bank Charges Discussion Area

Twinkly

tiggrae wrote: »

Does anyone know why you can only reclaim charges going back 6 years (or 5 years in Scotland)?

This is because of the Statute Of Limitations Act.

Section 5 is what the banks tend to rely on in defence of any claim over 5 (in Scotland) or 6 years (in England). Section 5 of the Limitation Act states that the action must be brought within 6 years of the cause of action, ie. when the charge was made. "

Using section 32 (c) you can counterclaim and state :
(1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
(a) the action is based upon the fraud of the defendant; or
(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
(c) the action is for relief from the consequences of a mistake;
the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.

using (a) and (c) as your reasoning.

Claims have been brought in this manner to claim farther back and won. It is up to the individual to pursue this course.

Hope that helps

Twinkly

theredjack wrote: »

Hi,
halifax have just sent me a letter saying that the financial authority give them 4 weeks to investigate a complaint regarding bank charges and i will hear from them in this time. is this right?
the redjack

Yes but you can stick to your own timescale. All a court will be interested in is whether you have given them reasonable time to respond, which you will be doing anyway with the time you allow.

Good luck

Twinkly

janevictoria wrote: »

Hi Twinky,
Thanks for that but, think I'm thick or something, do I need to wait till I get a letter from Barclaycard saying it has made a partial payment as what I know is from the statement viewing on-line, statement due any day.

You could, or you could pre-empt it by sending a letter of your own. Enquire as to why there is a credit to your account and get it in writing what it is for and what the terms of your acceptance are supposed to be. It helps immensely to get absolutely every last detail in writing for future reference and proof of actions of either party.

paul1e

COPPERHEADJACK wrote: »

which bank address should i include in my initial letter asking for copies of charges should i put the head office address or should i put the data protection address where i send the letter
and do i also have to put my sort code on

the data protection address unless it's hsbc then you can get then online straight away....

Twinkly

COPPERHEADJACK wrote: »

which bank address should i include in my initial letter asking for copies of charges should i put the head office address or should i put the data protection address where i send the letter
and do i also have to put my sort code on

Use the address for data protection if you have one and yes your sort code will be needed. Put as much identifying information as possible into your letter to avoid delays and requests for further information.

COPPERHEADJACK_2

Twinkly wrote: »

Use the address for data protection if you have one and yes your sort code will be needed. Put as much identifying information as possible into your letter to avoid delays and requests for further information.

thanks twinkly do I use the same template letter for the halifax credit card ?

Twinkly

COPPERHEADJACK wrote: »

thanks twinkly do I use the same template letter for the halifax credit card ?

If you are asking for two acounts (current and credit card) from the same bank - Halifax - just use the one letter and put both account numbers on it. You will only pay one fee of £10 for this information.

jobytc

I'd be hugely grateful if one of the wonderful moneysavers on here could help me out with a quick question.

I've worked out what I'm owed and wish to write to the bank requesting my money back. My question is, what evidence of the charges do I need to include - sholud I attach the original statements they sent me, reproductions or is it ok to have a list of charges with date and interest added to the letter? The bank in question is Lloyds TSB in case that's a factor.

many thanks!

Jobytc

theozziend

Barclays had until midnight yesterday to acknowledge/whatever my claim served throught the court 14 days ago. They did it at 4.30 p.m. yesterday. :mad: I read into this that they now have a further 14 days from service (total of 28) to defend or otherwise. Therefore on 11th April I can go back into Moneyclaim to see what action they have taken. Anyone any experience with Barclays as to whether they put up a defence? If so, what are the usual timescales?

Twinkly

jobytc wrote: »

I'd be hugely grateful if one of the wonderful moneysavers on here could help me out with a quick question.

I've worked out what I'm owed and wish to write to the bank requesting my money back. My question is, what evidence of the charges do I need to include - sholud I attach the original statements they sent me, reproductions or is it ok to have a list of charges with date and interest added to the letter? The bank in question is Lloyds TSB in case that's a factor.

many thanks!

Jobytc

A list of the charges with dates and amount charged is fine. Keep all your originals and make a photocopy of the final list for your own records to save you trawling the statements again at a later date if neccessary.

Hope that helps and good luck with your claim